HomeMy WebLinkAbout94-06931
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4,
The parties entered into an agreement for custody, which was included in the marriage
settlement agreement, which gives the Petitioner primary physical custody, and temporary
physical custody to the Respondent one weekend per month, The agreement also specifies that
major holidays, including Christmas, shall be split equally between the parties, with the switch in
custody to occur at 2:00 p,m, A copy of said agreement is attached liS Exhibit "A."
5,
Within the last two years, the Respondent has had temporary physical custody of the
minor child every-other weekend from Friday through Sunday, Petitioner has agreed to the
expanded temporary physical custody for the Respondent, however the parties have not revised
their previous agreement for custody,
6,
The Petitioner has become increasingly concerned regarding the schedule for the 1994
Christmas holiday since the Respondent is currently scheduled for temporary physical custody on
said Christmas weekend, and has stated that he will not return the minor child until 5;00 p,m, on
Christmas Day, Furthermore, the Respondent is routinely late in returning the child at the end of
his temporary physical custody period, and Petitioner has reason to believe that this will further
delay her time with the child on Christmas.
7,
The Petitioner desires to have equal time with the child on Christmas but does not want to
keep the minor child from the Respondent on the scheduled weekend,
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9. Husband ~hall hove es his snle and ~epnrpte property the
, pickup truck now In hB r.omo, household furnlshlnes w.d lIppUanOell wllloh
I; ere r,ow In hi' I,O~Hs5Ion or .1\.ulIlu HI .1Iid u,,-,blh 1,0lU", pcrBon~1 allparl1l
und jewelry, ~ll pension. and t.~nefltf (,t. his p1r,cc of employment end Iny
1 Dnd 1111 bilnl'. account.:; now in hi~ nnrrJc.
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10.
: furnUhlngll
I, lIu\.omoblle,
II
!. 8u\.olOobI18,
;, belleflts It
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" hor nome.
WICe ,hnl1 have a' her sol. and sepurnte proper\.y household
Ind lIppllunce5 now In her poss.sslon, tho Honte Carlo
wi th WlI'. to uS sumo lIr,d puy the enoumbrance lIsolnst the aaid
nnd hur peruonal apperel and jewelry end III pensions Ind
her plllee of cmp10ywcnt and any ulld ull benk acooun\', now In
". The parties i1oknowlcd2e thot \.he pursonal property of tho
partlo~ hus pruVlOU81y been divided to their satisfaction.
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I; 12. ~,ach party has oarefully rend this agreement and 1s
completely IWlr. no\. only of its oontents but also of its legal eCfeot,
from all
to, dowlr,
and the
13. Wife relcasu lIusbar,d and lIusband releases Wifo
olaiMs othlr than set forth h.r.in inoludine, but not limited
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ourtesy, and r18ht to take allain~t the wll1 of either of thGIII
, right to administer the e~\.ato DC tho other.
lQ. There ore no outstanding debt, or liabilities of thl
parties and neither party hns modo any debt:!. Neither plrty has llIade any
dtbts or otlllguttons obl1gating the other except thoso hereinbefore IIct
forth and both parties aerec with tho other not to crea\.o any debts or
obligations obligatinn the other and shall indemnify eaoh othar os to Iny
such obligations.
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15. This is the entire aereement betwocn the parties horeto and
I: shall be binding upon the partieS hereto, their heirs Hnd assigns.
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16.
any and all
- Hushnnd.-
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fully and completely rellase Wife
claims of support against her by
- .pO __ .. _ _
fro III
Husband does hereby
duties of support and
17. lIife docs hereby fully and con'p1etely releasu Husband froJ!l any
I,: and ell dutUs of support and claims of support atainst. him by Wife fur
her 5411 f. Husband shall pay to WI fo for the support of the minor ohi ld
. Jeson, through York County Dom..tlo Relations, as followSl
I a. Twont.y-flve dollars (~2S.DD) per weak until January 1st of
, 1987 or until WICe Is no longer living at tho home of her parents,
whlohever shall first occur. At the time ei t.hcr onc of \.he above ~tatod
oontingon<:ieB ooours, the amount should au\.omu\.loally be modified to
provldo thot the Hu.band shall I'OY Wife \.he al'lount of tSD.DO per weok.
Th18 support shull continu~ until Ja,on is 18 years old or, It Jason shall
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llO to coll~ll~1 until \", is 22 ycars old. 1I0l/eycr, if Wife should remarry
and WHe's now husband I'h311 adopt Jasr>n, all support for Joson sholl
Clii:.>tJ.
b. Wife ~hhll rhrry h.s1th inu;rtnce on tht child as long as it
is provided with no cost to h@\' by h@r employer.
o. f.uhh party sholl pay one-half of all medical nod dunto1
bl118 for the child.
d. HusDand shall pavone-half of 011 bobysitt1ne costs end
e.pons~s whioh will be 1nCUI'I"ed by Wife when she is no longer utllhinll
her Iliother II.' bllhy~'lttcr.
e. LHe insurance. Husband shall agree t.n pay tho Dum of '7.80
-.--------dfractly to WHe represunt.lng tho oosts of"insurinll Jaaon'a-l1f.. and'the
cust. of providinll the $200.00 por mont.h BUllrdlan pay benefit In the av@nt
of Wife's deeth, ond Wife will agree to mlintaln such insurance ooverage.
18. The parties hereto aholl have sharod oustody of their eon
Jason wit.h Jason t.o reside with Wife and oommenoing with this wCltk-end
Husband shall hove Jason one weekend of his choolling per Ilonth oomm@noins
w1t.h Friday at 5130 o'clock P.M. until the following Sunday unt.i1 7100
o'clock P.M. lIusband shall haVe the right to have Jason for two we.ks
during the sUllU1ler school vacation upon 30 deI'S prIor not.ice t.o Wifel Jason
shall alternate t.he following holiday:; w1t.h lIusband and Wife namdy:
l~ Memorial Day, Fourth of July and LeboI' Doy, commencing with Wife hevinl
Jason on lI@morlal Doy. The following holldays .hall be spllt holldays.
w1t.h Wife to have Jason untl1 2:00 o'olock P.M. and wit.h Husband to have
Jason from 2100 0'c1ook P.M. to 9100 P.M.I Christmas, F.oster.
Thankslliving and Naw Yoar's Day.
@Ilusband shall refrain from the drinklnc of alcoholio
beverages during the times when he has custody of Jason.
I': 19. Wif. and Hu.band may, at 011 times hereafter. live separate
Dnd apart.. f.ach sholl be free from all control, restraint, inta~ferenoa
r or aut.hori ty, direct or indirect. by the other in all respects as fully as
!, if she or he wera unmarried. F.ach may reside at suoh p1aoe or places as
_ _ \ ~IW ot:...hEl may..se1eot, F.uch may, for her or. his separata usa or beneUt,
conduct, canoy on and engage In any business, oocupatlon, profession or
cu'ployment which to her or him nilI' sum advisable. Tt,ls prov15ion shall
not be t.oken, however, to b. an admission on the part. of ult.her Wife or
. lIusband of the lawfulness of the Clluses whioh led to, or resulted in, the
continuation of their living apart. Wife and HU5bnnd shall not. molest,
hara~s, disturb or malign each other or the respect.lve families of aach
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9. Hu~b"nd ~hull huv~ 8S hl~ ~ola end ~npRrnta prop~rty the
pickup truok now In hl~ r,um~', household furnhhlnss IInd IIp~llonocs whloh
are now in hl~ p05r6sslon or .ltuuLu in suld rnDblJe tmmo, puruonn1 apporel
und jewelry, 011 pensions and b6n.fltr. r.t. his p100e of employment ond any
Dud ell bonk lIoeou"t~ nuw In It:" flUme.
; 10.
:. furnuhing5
/.1 automobile,
automobile,
" benefits et
I her nOme.
Wlro shall have '5 hor 50Je and uopurate property household
end IIppllur.cus now in her ponesalon, tho Honte Carlo
with WIl't to 1,"~.UmU und puy the enoumbranov osnin~t tha said
ond hur pcruor,al apparel nnd jowe1ry and ell pensions end
hel' 111"<:e of cm~,lol'r.c"t L..d a:,y und 1111 bank aooounts now in
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11. The parties uoknowll'dee that the poraonol property of the
partloD hus pruviounly been divided to their ~etI5faotion.
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12. f..oh party hus oarefully read Lhis or,raement and is
oompletely eware not only of its oontenta but oleo of Its les01 erfect.
13. WI 1'0 relea~es Ilusbar.d and lIusband relf.l'Isas WHe
cloims oth.r than set forth her'ln lnuludin&, but not limited
I' ourtesy, end rlsht I.n tllkc enainst the wHl of either of thorn
right to administer the estate of the other.
from 011
to, dOller,
and the
1Q. There era no outatandlng dobts or liBbllltl~s of the
part.1es and neither party hilS mode ony debts. Neither perty has made any
debt:s cr obligation:; obl1 e.t,1n~ the cLher except thosa hereinbefore llet
forth and both purtles acree with the other not to oruate Dny debts or
obUeation8 ohllllet,inn the other and shall 1ndemnlfy eaoh other os to any
suoh obUllation!.
11j. Thh 19 the or.tlre lIerecment between the parties hereto end
I, shall be binding upon thc parties hereto, their heirs and ollslgns,
,: 16. lIusband does hcrolly fully Bnd oompletely release Hire from
;' any Dnd all dut.~,~s..n~_,:upport and elal~"~~ _:,uppo..rt_ asolnst her by
- 1. Hushand..
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17. Wife does hereby fully Ilnd completely relenso lIuabor,d from any
and all duties of suppurt. end chlms of support oll,lnst him by Wife for
herself. Husband sha1J pay to Wifo for the support of the minor child
Joson, through York County Dom..tlo ~('lDtionll. as follows:
e. Twonty-flve dollars ($21j.00) per woek until Jonuary 1st of
1907 or until Wife Is no longer living nL thu homa of her parents,
whichever shull first o""ur. At the time el t.her one of tho obove stilLed
cont1ngont:ie8 ooours, thp. amount should automutleallY be modified to
provide that the Hu"bnnd shllll I>&Y Wife the lImount of $Ij(\.OO per week.
ThlB ~upport sholl continue until Jasen Is 18 years old or, if Jason shell
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80 to 0011 eB~ I until he is 22 YCUfo sold. 1I0wcvcr, if WHe :.hould remarry
Ind Wlfe's nO>l husband t.halL adopt Jason, all Ilupport for Juson shull
C(,"v~,c.
b. Wife ~llllll curry ht'1I1th i:,~urMce on the child as lons a5 it
15 provlded with no co~t to her by her employer.
o. f.uch purty shull puy onc-h~lf of all medical and dentu1
blllK for the "lIlld.
d. Ilusblnd :.hell pay on~-half of u11 bubysittine eosts and
expensu", whioh will be inculored by Wlfe when 6he is no longer utiliZing
her mothe,' lJ,' \1(11) y~ j t t.er.
e. Lifu insurance. I~sblnd 'hall asr~e to pay tho sum of '7.BO
- -------dlrtol;ly to Wife ruprMuntfns the oosts 'o("insuring Jason'lI-lif" an'd'the
eo"t of providing tho $200.00 I'or monl.h guardian pay beneflt in the ever,t
of lIife's death, and Wif... will Bgree to malnte1n such insuranoe ooverase,
18. ThO partles hereto shall hove shored custody of I.heir eon
Jason with Joson to reside with Wifl and commenolng with this week-end
Husband shall hnve Jo.son one weekend of hls choosing per ~onth oommenoing
wlth Fridny at 5130 o'clock P.M. until the following Sunduy until 7.00
o'clc,ck P.Il. Ilusb~nd shall have the right to huve Jason for two weeks
durlng the summer school vacution upon 30 days prlor notico 1.0 Wifel Jason
shall alternute the followlng holiduys with Ilu.sband and lIife nODlely:
Memorial Dny, Fourth of July Bnd Labor Dny, oommenoing with Wlf. havinl
Jason on Memorial Dny. The following holldays shull be split holidays,
with Wife to h~ve Ja50n unl.l1 2:00 o'olook P.M. and wlth Husband to have
Juson from 2:00 o'olook P.". to 9100 P.H.I Chrlstma.s, F.aster,
Thanksiivlng and New loor's Day.
@Ilutob~r,d shall rdre I n frorr. the drinklnc of olcoho11o
beveragell dlJrlng \-hc tiDIes when he has custody of Jason.
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19. ~'lf. and Hushond may, at III times hercorter, live separate
and apart. F.aoh IIholl bo free from all control, restraint, interferenoo
P or authority, direct or indirect, by the other in all respeots os fUlly as
I, If she or he were unmarried. r.ach may reside at suoh pl~ce or places as
_ . I. ~h\l. or:.uhl! rnay..seleot. f.ach may, for her or. his sepllrate Ilse or benefit,
conduct, canoy on and engage in any busl noss, ocellpatlon, profession or
C'mployment which to her or hlm ClOY seem edv1.sabll!. This provision shall
not be I.aken, however, to be an admission on the port of 01 ther Wife OT'
, lIusband of the l~wfulne.ss of the causes which led tc, or resul ted ln, the
continuHion of their 1 iving apart, Wife and Hu.sband shall not molest,
horo.s, disturb or malign each other or the respectlve families of each
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SHELLEY K. SCARAMUZZINO,
Plaintiff
IIN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
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INO. 6931 - CIVIL - 1994
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BRIAN E. NOLL,
Defendant
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:CIVIL ACTION - CUSTODY
PRIOR JUDGE: JUDGE GEORGE E. HOFFER
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(bj, the undersigned Custody Conciliator submits the
following report I
1. The pertinent information pertaining to the child who is the
subject of this litigation is as follows:
Jason E. Noll, born October 28, 1983.
2. A Conciliation Conference was held on March 23, 1995, with
the following individuals in attendance:
The Mother, Shelley K. Scaramuzzino, with her counsel,
Rebecca R. Hughes, Esquire. The Father, Brian E. Noll,
did not appear.
3. Attorney Hughes indicated to the Conciliator that the Father
was previously represented by Mark Thomas, Esquire, and that
the Father did have notice of the Hearing. Notice was
provided to Father by certified mail in advance of the
conference. Neither Father or his counsel attended the
conference. Attorney Hughes indicated that Attorney Thomas
had suggested to her that Mr. Noll had dismissed him prior
to the Conciliation Conference. The Mother has custody of
the minor child. The Mother expresses concerns about Father
not taking the child to the appropriate social or athletic
events when the Father has temporary custody. The Mother is
in agreement to the Father having temporary custody, but
wants some restrictions.
4. In light of the Father's failure to attend the Custody
Conciliation Conference, the Conciliator recommends an
5;1~;ld9~e entered as attached.~
DATE